PIVARNIK, Justice.
Defendant-appellant William W. Wininger was convicted of Theft, Ind. Code § 35-43-4-2 (Burns Supp. 1982), at the conclusion of a jury trial in Lawrence County Court on April 22, 1982. Wininger was also found to be a habitual offender and was sentenced to thirty-three (33) years imprisonment. He now appeals.
Wininger raises only two issues on appeal, concerning:
1) whether the trial court erred in failing to instruct the jury...
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